Ellen M. Halstead

Counsel

Overview

Ellen M. Halstead is a counsel in the New York office of Crowell & Moring. Her practice is focused on financial services litigation, bankruptcy litigation, and securities litigation.

Ellen represents and advises global financial institutions and public and private companies on a wide range of complex, high-stakes litigations and appeals, including those related to contracts, loan agreements, offering documents, indentures, intercreditor agreements, indemnification agreements, proxy contests, hostile takeovers, securities, CDOs, CLOs, swaps, derivatives, and other complex financial products. She advises senior executives and in-house counsel on pre-litigation disputes, litigation strategy, and risk mitigation. Ellen has extensive experience with all types of discovery issues in both federal and state court.

Ellen also represents creditors and debtors in contested matters in major bankruptcy proceedings and adversary proceedings. She has been recognized by The Best Lawyers in America in the practice area of Litigation - Bankruptcy.

Career & Education

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    • Dartmouth College, B.A., 1999
    • Syracuse University College of Law, J.D., Summa cum Laude, 2004
    • Dartmouth College, B.A., 1999
    • Syracuse University College of Law, J.D., Summa cum Laude, 2004
    • New York
    • Supreme Court of the United States
    • U.S. District Court for the Southern District of New York
    • U.S. Court of Appeals for the First Circuit
    • U.S. Court of Appeals for the Second Circuit
    • U.S. Court of Appeals for the Third Circuit
    • New York
    • Supreme Court of the United States
    • U.S. District Court for the Southern District of New York
    • U.S. Court of Appeals for the First Circuit
    • U.S. Court of Appeals for the Second Circuit
    • U.S. Court of Appeals for the Third Circuit
  • Professional Activities and Memberships

    • Board Member, LPGA Amateur Golf Association, New York City Chapter
    • Secretary, Dartmouth Lawyers Association 

    Professional Activities and Memberships

    • Board Member, LPGA Amateur Golf Association, New York City Chapter
    • Secretary, Dartmouth Lawyers Association 

Representative Matters

Representative Financial Services and Securities Litigation Matters

  • Defended a private holding company in which plaintiffs sought to recover over $350 million through indemnification, veil piercing, and alter ego claims. 
  • Brought multiple actions on behalf of an international banking institution to recover over $700 million from a CLO hedge fund sponsor. 
  • Represented a major financial institution in an interpleader action between different classes of CDO noteholders who disputed indenture distribution provisions. 
  • Brought multiple actions on behalf of a REIT, listed on the New York Stock Exchange, against an activist shareholder in a proxy contest. 
  • Brought an action on behalf of a pharmaceutical company, listed on the New York Stock Exchange, in connection with a $6.7 billion hostile takeover attempt. 
  • Defended a group of underwriters, consisting of eight major banking institutions, in a federal securities class action in which plaintiffs asserted claims of over $3 billion under Sections 11 and 12(a)(2) of the Securities Act of 1933. 
  • Represented a senior CDO noteholder in an interpleader action concerning event of default distribution provisions. 
  • Represented a major law firm in responding to multiple subpoenas and motions to compel.

Representative Bankruptcy Litigation Matters

  • Represented a monoline bond insurer who insured over $5.4 billion of bonds issued by the Commonwealth of Puerto Rico, Puerto Rico Electric Power Authority, Puerto Rico Highways and Transportation Authority, and Puerto Rico Sales Tax Financing Corporation in the Title III cases of Puerto Rico and those entities in the U.S. District Court for the District of Puerto Rico and in multiple adversary proceedings and appeals before the U.S. Court of Appeals for the First Circuit. 
  • Represented a major banking institution as creditor in the Chapter 11 bankruptcy of Texas Competitive Electric Holdings in the U.S. Bankruptcy Court for the District of Delaware and in an adversary proceeding concerning an intercreditor dispute over $90 million to be distributed under the plan of reorganization. 
  • Represented a major banking institution as creditor and interest rate swap counterparty in the Chapter 9 bankruptcy of the City of Detroit in the U.S. Bankruptcy Court for the Eastern District of Michigan. 
  • Represented a major banking institution as creditor in the Chapter 11 bankruptcy of Lehman Brothers and the Lehman Brothers SIPA proceeding, both in the U.S. Bankruptcy Court for the Southern District of New York. 
  • Represented a major banking institution as prepetition senior secured lender in the Chapter 11 bankruptcy of Fred Leighton in the U.S. Bankruptcy Court for the Southern District of New York and as a member of the unsecured creditors committee in the subsequent Chapter 11 bankruptcy of Fred Leighton’s former majority shareholder. 
  • Represented LyondellBasell Industries in its Chapter 11 bankruptcy in the U.S. Bankruptcy Court for the Southern District of New York. 
  • Represented Vertis Communications in its Chapter 11 bankruptcy in the U.S. Bankruptcy Court for the District of Delaware. 
  • Defended a major banking institution in which plaintiff alleged breaches of agreements relating to the Station Casinos plan of reorganization.